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HomeMy WebLinkAbout04 - Second Reading of the Landscape Maintenance Code Amendments (PA2015-108) CITY OF 1 . � NEWPORT BEACH -- City Council Staff Report September 8, 2015 Agenda Item No. 4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Kimberly Brandt, Community Development Director— (949) 644-3226, kbrandt @newportbeachca.gov PREPARED BY: Makana Nova, Associate Planner PHONE: 949-644-3249 TITLE: Second Reading of the Landscape Maintenance Code Amendments (PA2015-108) ABSTRACT: Two proposed amendments to the Municipal Code to relax lawn and landscaping maintenance requirements during times when the City Council has declared either a Level 3 or Level 4 mandatory water conservation condition. RECOMMENDATION: a) Find the project to be categorically exempt pursuant to Title 14, Chapter 3 (Guidelines for the California Environmental Quality Act) of the California Code of Regulations under Class 7; b) Conduct a second reading and adopt Ordinance No. 2015-25, An Ordinance of the City Council of the City of Newport Beach, California, Approving Code Amendment No. CA2015-007 and Amending Section 10.50.020 (Nuisance) of the Newport Beach Municipal Code (PA2015-108); and c) Conduct a second reading and adopt Ordinance No. 2015-26, An Ordinance of the City Council of the City of Newport Beach, California, Approving Code Amendment No. CA2015-007 and Amending Section 20.36.050 (General Landscape Standards) of the Newport Beach Municipal Code (PA2015-108). FUNDING REQUIREMENTS: There is no fiscal impact related to the Code Amendment. DISCUSSION: Background On August 11, 2015, after a noticed public hearing, the City Council introduced and passed to second reading Ordinance No. 2015-25 and Ordinance No. 2015-26 approving Municipal Code Amendments to relax lawn and landscaping maintenance requirements during times when the City Council has declared either a Level 3 or Level 4 water supply shortage. 4-1 ENVIRONMENTAL REVIEW: The project is categorically exempt under Section 15307 (Class 7), of Title 14, Chapter 13 (Guidelines for California Environmental Quality Act) of the California Code of Regulations. Class 7 consists of actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for the protection of the environment. The Code Amendments would modify general landscape standards and relax watering requirements for the maintenance of lawn, landscaping, and vegetation areas during drought conditions when a water supply shortage has been declared. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment CC1 -Ordinance No. 2015-25 Attachment CC2 -Ordinance No. 2015-26 4-2 ATTACHMENT CC 1 ORDINANCE NO. 2015-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING CODE AMENDMENT NO. CA2015-007 AND AMENDING SECTION 10.50.020 (NUISANCE) OF THE NEWPORT BEACH MUNICIPAL CODE (PA2015-108) WHEREAS, on April 1, 2015, the Governor signed an executive order directing water restrictions to achieve a statewide 25 percent reduction in urban water use through February, 2016; and WHEREAS, on May 12, 2015, the City of Newport Beach responded by declaring a Level Three water supply shortage; and WHEREAS, on June 9, 2015, the City Council initiated an amendment of the Zoning Code to reflect the City's water conservation efforts and relax maintenance requirements for lawn, landscape, and vegetation areas during drought conditions. As part of staffs review the Municipal Code was reviewed and found an amendment to this Section was appropriate for consistency with the initiated Zoning Code Section; and WHEREAS, the City Council desires to relax lawn maintenance during a Level 3 water supply shortage and relaxes all lawn, landscape, and vegetation area maintenance during a Level 4 water supply shortage under Sections 10.50.020 (Nuisance) of the Newport Beach Municipal Code; and WHEREAS, a public hearing was held on August 11, 2015, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. The City Council introduced and passed to second reading the ordinance to approve Code Amendment No. CA2015-007. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Subsection E(9) of Section 10.50.020 (Nuisance) of the Newport Beach Municipal Code is hereby amended: 9. Landscaping, grounds, walls, fences, driveways, parking lots, irrigation systems, or sidewalks which are maintained in such a condition so as to become defective, unsightly or unsafe; Lawn areas shall be exempt from the defective and unsightly provision when the City Council has declared a Level Three water supply shortage (NBMC Section 14.16.080) and all lawn, landscape, and other vegetated areas shall be exempt from the defective and unsightly provision when the City Council has declared a Level Four water supply shortage (NBMC Section 14.16.090). All landscaped areas must continue to be kept in a safe and orderly manner consistent with the other 4-3 requirements to minimize the potential for excess dust, fire hazards, and hazards created by dead or dying trees and shrubs. Section 2: Code Amendments are legislative acts. Neither the City's Municipal Code nor State Planning Law set forth any required findings for either approval or denial of such amendments, unless they are determined not to be required for the public necessity and convenience and the general welfare. The Code Amendment allows the City to accommodate the current Level Three Water Supply Shortage and avoid penalizing residents and businesses whose lawns suffer as a result of mandatory water conservation during drought conditions. The Code Amendment provides provisions for similar maintenance exceptions for lawn, landscape, or other vegetated areas in the event of a Level Four water supply shortage. Section 3: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 4: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared invalid or unconstitutional. Section 5: The City Council finds the project to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15307, of the State CEQA (California Environmental Quality Act) Guidelines - Class 7 (Actions By Regulatory Agencies for Protection of Natural Resources). Class 7 consists of actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for the protection of the environment. The Code Amendment would modify general landscape standards and relax watering requirements for the maintenance of lawn, landscaping, and vegetation areas during drought conditions when a water shortage has been identified. Section 6: Except as expressly modified in this ordinance, all other Sections, Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. Section 7: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. Page 12 4-4 This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 11 th day of August, 2015, and adopted on the 8'h day of September, 2015, by the following vote, to-wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR EDWARD D. SELICH ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP, CITY ATTORNEY Page 3 4-5 ATTACHMENT CC 2 ORDINANCE NO. 2015-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING CODE AMENDMENT NO. CA2015-007 AND AMENDING SECTION 20.36.050 (GENERAL LANDSCAPE STANDARDS) OF THE NEWPORT BEACH MUNICIPAL CODE (PA2015-108) WHEREAS, on April 1, 2015, the Governor signed an executive order directing water restrictions to achieve a statewide 25 percent reduction in urban water use through February, 2016; and WHEREAS, on May 12, 2015, the City of Newport Beach responded by declaring a Level Three water supply shortage; and WHEREAS, on June 9, 2015, the City Council initiated an amendment of the Zoning Code that would amend the regulations for Section 20.36.050 (General Landscape Standards) of the Zoning Code to reflect the City's water conservation efforts and relax maintenance requirements for lawn, landscape, and vegetation areas during drought conditions; and WHEREAS, the City Council desires to relax lawn maintenance during a Level 3 water supply shortage and relax all lawn, landscape, and vegetation area maintenance during a Level 4 water supply shortage under Section 20.36.050 (General Landscape Standards) of the Newport Beach Municipal Code; and WHEREAS, a public hearing was held on July 9, 2015, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. The Planning Commission adopted Resolution No. 1987 recommending City Council approval of the Code Amendment by a vote of 6 ayes and 0 noes; and WHEREAS, a public hearing was held on August 11, 2015, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. The City Council introduced and passed to second reading the ordinance to approve Code Amendment No. CA2015-007. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Subsection C(2) of Section 20.36.050 (General Landscape Standards) of the Newport Beach Municipal Code is hereby amended to: 4-6 2. Landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. Lawn areas shall be exempt from the healthy and growinq condition provision when the City Council has declared a Level Three water supply shortage (NBMC Section 14.16.080) and all lawn, landscape, and other vegetated areas shall be exempt from the healthy and growing condition requirement when the City Council has declared a Level Four water supply shortage (NBMC Section 14.16.090). Section 2: Zoning Code Amendments are legislative acts. Neither the City's Municipal Code nor State Planning Law set forth any required findings for either approval or denial of such amendments, unless they are determined not to be required for the public necessity and convenience and the general welfare. The Zoning Code Amendment allows the City to accommodate the current Level Three Water Supply Shortage and avoid penalizing residents and businesses whose lawns suffer as a result of mandatory water conservation during drought conditions. The Zoning Code Amendment provides provisions for similar maintenance exceptions for lawn, landscape, or other vegetated areas in the event of a Level Four water supply shortage. Section 3: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 4: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared invalid or unconstitutional. Section 5: The City Council finds the introduction and approval of the code amendment to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15307, of the State CEQA (California Environmental Quality Act) Guidelines - Class 7 (Actions By Regulatory Agencies for Protection of Natural Resources). Class 7 consists of actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for the protection of the environment. The Zoning Code Amendment would modify general landscape standards and relax watering requirements for the maintenance of lawn, landscaping, and vegetation areas during drought conditions when a water shortage has been identified. Page 12 4-7 Section 6: Except as expressly modified in this ordinance, all other Sections, Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. Section 7: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or summary thereof, to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 111h day of August, 2015, and adopted on the 81h day of September, 2015, by the following vote, to-wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR EDWARD D. SELICH ATTEST: LEILANI L BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE �v --- 8'131 l I r AARON C. HARP, CITY ATTORNEY Page 3 4-8